Can you File for Divorce Online in New Jersey?

BLOG

Can you File for Divorce Online in New Jersey?

To initiate the divorce process, one spouse must file a divorce complaint with the court. That spouse becomes the plaintiff. The spouse must indicate a legitimate reason for the divorce recognized by the state of New Jersey divorce laws. We call this the grounds for divorce or cause of action. Divorces are categorized as fault and no-fault. Most divorces fall under the no-fault category in the state of New Jersey.

 

How Do I File for Divorce in New Jersey?

 If you are citing no-fault grounds for divorce such as irreconcilable differences, you must meet the following criteria:

  • You or your spouse have lived in New Jersey for at least 12 consecutive months before filing for divorce.
  • You or your spouse have experienced irreconcilable differences for at least six months before filing your complaint for divorce.
  • The irreconcilable differences are the reasons that your marriage should dissolve.
  • You are confident there is no other way to reconcile.

 

You can also pursue your divorce on the other no-fault ground for divorce: separation for a period of 18 months. If this is the case, you must prove to the court that you and your spouse have lived in separate dwellings (not just in separate bedrooms) for at least 18 months. 

 

The use of fault grounds for divorce is less common but includes extreme cruelty, addiction or habitual drunkenness, imprisonment, deviant sexual conduct, adultery, or desertion. In fault divorces, the misconduct can influence how the court decides upon decisions related to child custody and in rare cases alimony as well.

 

How Long Does it Take to Get a Divorce in New Jersey?

Sometimes achieving a divorce agreement in NJ is relatively quick and painless. Other times, depending on the couple’s circumstances, the process can be incredibly complicated. That said, depending on the county in which your case is filed, most New Jersey divorces take about 2 years to conclude. This is the statewide average. At DeTorres & DeGeorge Family Law, our average completion time is only 12 months, half the statewide average. However, if the parties are motivated, amicable and organized with the information and documents about their financial life, the process can be much quicker.

 

 

Can You File for Divorce in NJ Online?

Are you considering pursuing an online divorce in New Jersey? Since the statewide shelter in place rules went into effect during Covid-19, the NJ courts have allowed divorces to be filed online. In fact, all divorce and family law proceedings are conducted virtually at the present time either by video or telephone conference. All papers needing to be filed with the court including complaints for divorce can be filed electronically through the court’s online system known as JEDS. No in-person hearings are being held, with some exceptions for contested cases.

Alternatives To Filing An Online Divorce in New Jersey

Divorce mediation can save divorcing couples both time and money. Additionally, the mediation process tends to result in quicker dispute resolution, fewer conflicts, and an increased sense of privacy. 

 

Mediators work to help couples come to a practical divorce agreement without litigation. In New Jersey, these sessions can occur by video or telephone conference in the presence of a neutral mediator, who helps the parties reach an amicable settlement of all marital issues. All communication remains confidential. After the mediation concludes, the mediator prepares a memorandum of understanding. Once both parties sign this memorandum, it becomes a binding contract. 

Should I File for Divorce in New Jersey Online?

There isn’t a straightforward answer to this question. As of June 2020, the only way to file for divorce in New Jersey is electronically through the court filing system known as JEDS. While you may wish to pursue an online divorce in New Jersey, divorce laws are complicated, and the process can cause tremendous stress for everyone involved.

 

Seeking legal counsel can help you best prepare for moving forward. At DeTorres & DeGeorge, our attorneys will support you throughout the entire process. We strive to ensure the very best outcomes for our clients. Contact us today to learn how we can help you.

Erin D. DeGeorge
Erin D. DeGeorge joined DeTorres & DeGeorge, LLC as partner to the firm in June of 2010. Prior to joining DeTorres & DeGeorge, Erin was associated with the national firm of Fox Rothschild LLP and Cutler, Simeone, Townsend, Tomaio & Newmark, LLC...
Share on:

knowledge & insights

Two people shaking hands

Divorce Mediator vs Lawyer: Do You Need a Lawyer or Mediator for Divorce?

If you are contemplating a divorce from your partner, do you need a lawyer or mediator for your divorce? What is the difference between the role of a divorce mediator vs lawyer?  To understand the difference, it helps to compare the roles of two types of sporting officials – the coaches and the...

October 4, 2024 Read More

Desk with a computer, calculator and tax documents

Filing Taxes After Divorce or Separation: Divorce and Taxes Guide

Going through a divorce is a complex process that involves many decisions about property division, finances, and providing for dependent children, and it’s common to feel overwhelmed by their scope.  It’s essential that the tax implications for all of these decisions get the attention they...

September 19, 2024 Read More

Father and child walking down path holding hands

Child Support and Unemployment: How Does Child Support Work When One Parent is Unemployed

When marriage ends in divorce in New Jersey, the terms of the divorce depend on whether or not the couple have dependent children.  While the marriage ends when the divorce is final, both parents will continue to have obligations to their children, to support their basic needs, growth and...

September 12, 2024 Read More

Divorce: The Answers you Need – Before, During & After

Download our eBook today!

  • This field is for validation purposes and should be left unchanged.

Newsletter

  • This field is for validation purposes and should be left unchanged.

follow us
Top